Singapore: IP alternative dispute resolution initiatives

Managing IP is part of Legal Benchmarking Limited, 4 Bouverie Street, London, EC4Y 8AX

Copyright © Legal Benchmarking Limited and its affiliated companies 2025

Accessibility | Terms of Use | Privacy Policy | Modern Slavery Statement

Singapore: IP alternative dispute resolution initiatives

In September 2011, a Memorandum of Understanding (MOU) was signed between the World Intellectual Property Organization (WIPO) and the Intellectual Property Office of Singapore (IPOS) to establish a joint dispute resolution procedure to facilitate the mediation of IP disputes before IPOS. The intent of this initiative was to promote mediation as an alternative dispute resolution (ADR) option within the IPOS framework, with potential advantages for international parties seeking to settle related disputes in multiple jurisdictions.

In recent years, IPOS has introduced new ADR initiatives to expand the options that applicants can consider for the satisfactory resolution of IP disputes, rather than the costly path of litigation. For example, an expert determination option was introduced in April 2014 allowing parties to mutually choose one or more technical experts to resolve technical issues in an IP disputes before settling or committing to mediation or arbitration.

In April this year, IPOS introduced a Mediation Promotion Scheme (MPS) whereby parties who opt for mediation in resolving IP disputes before IPOS will be funded up to S$5,500 (US$4,000) per mediation case, regardless of the outcome. Parties are free to appoint a mediation provider of their choice under the MPS, such as the WIPO Arbitration and Mediation Center, Singapore International Mediation Centre or Singapore Mediation Centre, as well as a mutually agreed upon mediator.

To be eligible for MPS, the parties must (1) submit an existing dispute before IPOS to mediation; (2) agree to the presence of an observer (shadow mediator) to sit in at the mediation; (3) provide feedback on the mediation; and (4) advise IPOS of the agent's fees. The procedural steps are relatively simple. They require that IPOS be informed of the intention to apply for funding before mediation starts and that an application form be submitted within one month from the date of the invoice from the mediation service provider.

This mediation initiative is aimed at further promoting the strengths of mediation as an attractive IP ADR option which can achieve a customised, win-win solution for all parties. Consequently, the hope of IPOS is that upon experiencing the benefits of mediation, parties will give serious consideration to electing the mediation option in future IPOS proceedings, even without external funding.

The MPS has been further complemented by the appointment in April of a panel of IP adjudicators at IPOS to give disputing parties the opportunity to have their cases heard by established academics and legal professionals. These initiatives demonstrate the continuing commitment of IPOS to expand the available ADR options and further the standing of Singapore's IP infrastructure not only in the ASEAN region but also globally.

Collopy_Dan
Hilton

Daniel Collopy

Alexander Hilton


Spruson & Ferguson (Asia) Pte Ltd152 Beach Road#37-05/06 Gateway EastSingapore 189721Tel: +65 6333 7200Fax: +65 6333 7222mail.asia@spruson.comwww.spruson.com

more from across site and SHARED ros bottom lb

More from across our site

Nigel Stoate, head of Taylor Wessing's award-winning UK patents team, tells us about his team’s UPC successes and why collaboration is king
Camilla Balleny, who spent a decade at Carpmaels & Ransford, will become the firm’s first head of patent litigation, Managing IP can reveal
Leaders at the newly merged firm Jones Maxwell Smith & Davis reveal their plan to take on bigger firms while attracting more clients and talent
Charles Achkar, who will bring a team of two with him, said he was excited about joining ‘one of the few strong IP boutiques’
Andy Lee, head of IP at Brandsmiths and winner of the Soft IP Practitioner of the Year award, tells us why 2024 was a seminal year and why clients value brave advice
The deal to acquire MIP's parent company is expected to complete by the end of May 2025
Jinwon Chun discusses the need for vigilance, his love for iced coffee, and preparing for INTA
Karl Barnfather’s new patent practice will focus on protecting and enforcing tech innovations in the electronics, AI, and software industries
Partner Ranjini Acharya explains how her Federal Circuit debut resulted in her convincing the court to rule that machine learning technology was not patent-eligible
Paul Hastings and Smart & Biggar also won multiple awards, while Baker McKenzie picked up a significant prize
Gift this article